Samsung has a real problem in that much of its range of smartphones and much of its market share is not very profitable and therefore it cannot afford to pay a royalty that its competitors don’t already pay. This is why it is OK with a Microsoft IP licence – all its major competitors have those.

Google has indemnified at least some of the manufacturers regarding certain aspects of Android – this came out In the last trial in California. Therefore, from Apple’s perspective, it is much more cost efficient to sue Samsung, even for Android IP infringement, as it takes place on their devices. Also Motorola is like HTC, with whom Apple has settled, no longer big or important enough to be worth litigating against.

Apple also needs to make it as expensive as possible for other companies to copy. If it is to stay highly profitable, it has to stay recognisably different – Xiomi is looking to market the Mi Pad internationally.

I expect Apple to continue to litigate Samsung until the Supreme Court decides what level of IP infringement can generate a sales ban or juries decide to standardise on either very low or very high damages. We are still in the early stages, before the Appeals Court has come to a decision over what damages should be awarded and if a sales ban is appropriate over the juries decisions so far.